Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. When is the planned closure?
20th December to 5th January inclusive
Whilst you have mentioned this clause from your contract it is not actually relevant to this situation. Under law (the Working Time Regulations 1998), an employer has the right to force its employees to take their annual leave entitlement at specific times. All that is required is that the employer provides the employees with minimum notice, which must be at least twice as long as the leave to be taken. So if they want you to take 10 days off from your annual leave entitlement, for example because of workplace closure, they must give you at least 20 days' notice before the time is due to be taken off. As long as this notice is given the employer is legally entitled to force you to go off on holiday and use up your annual leave.
I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
Just to clarify, can an employer therefore can reject an employees request for annual leave on any given day without giving a reason and force them to take annual leave when they (the employer) decides it suits them?
yes that is correct, as long as the minimum notice periods are adhered to. So if an employee wants to take annual leave on a specific day, the employer can reject that request if they give the employee notice that is equal to at least the duration of lave to be taken. If the employer then wants the employee to take the leave at another time they must give them notice equal to at least twice as long as the duration of the leave
As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.